Lindsey #256676 v. Wertanen et al

Filing 36

ORDER ADOPTING REPORT AND RECOMMENDATION 29 re 16 : Defendants' Motion 16 is DENIED; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION

JAMES LINDSEY #256676,
Plaintiff,

Case No. 2:16-CV-30

v.

HON. GORDON J. QUIST

RICK WERTANEN, et al.,
Defendants.
/
ORDER ADOPTING
REPORT AND RECOMMENDATION
The Court has reviewed Magistrate Judge Timothy Greeley’s November 1, 2016 Report and
Recommendation recommending that Defendants’ motion for summary judgment based on
Plaintiff’s failure to exhaust his administrative remedies be denied.

The Report and

Recommendation was duly served on the parties on November 1, 2016. No objections have been
filed pursuant to 28 U.S.C. § 636(b).
THEREFORE, IT IS ORDERED that the November 1, 2016, 2016 Report and
Recommendation (ECF No. 29) is approved and adopted as the Opinion of the Court.
IT IS FURTHER ORDERED that Defendants’ Motion for Summary Judgment based on
Plaintiff’s failure to exhaust administrative remedies (ECF No. 16) is DENIED. Defendants have
failed to establish that Plaintiff failed to exhaust.

Dated: December 7, 2016

/s/ Gordon J. Quist
GORDON J. QUIST
UNITED STATES DISTRICT JUDGE